HomeMy WebLinkAboutOrdinance - 9249-1988 - Amending Chapter 28 Adding Section 28-59 Wholesale Water Service - 12/15/1988II
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First Reading
December 15, 1988
Item #29
Second Reading
January 12, 1989
Item #8
ORDINANCE NO. 9249
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ADDING A NEW SECTION THERETO TO BE KNOWN AS SECTION 28-59
WHICH SECTION PROVIDES FOR WHOLESALE WATER SERVICE TO SPECIFIC AREAS OUTSIDE
OF THE CITY'S CORPORATE LIMITS; PROVIDING CONDITIONS FOR SUCH SERVICE;
ADOPTING RATES FOR SUCH SERVICE; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and
IS hereby amended by adding thereto a new Section 28-59 which shall read as
follows:
(a) The City Council reaffirms its prior policy adopted March
8, 1984 to prohibit the sale of water to individuals, businesses,
agencies or organizations that lay outside the corporate limits of the
City of Lubbock.
(b) That in order to compromise and settle protests and
threatened litigation regarding the disposal of treated municipal
effluent by City, the City Council authorizes the City's water
department to extend the City's water distribution facilities outside
the corporate limits and to offer to sell water to the Town of Ransom
Canyon for resale within its corporate limits as of January 1, 1988
and to Lubbock County Water Control and Improvement District No. 1 for
resale within the corporate limits of the Village of Buffalo Springs
as those limits existed as of January 1, 1988, provided the offer to
sell water and the sale of water shall be subject to the conditions
and limitations specified in the provisions of this Ordinance, the
applicable provisions of City Code, Chapter 28, where such provisions
are not inconsistent with this Ordinance, and the agreements approved
and accepted by the City Council. By adopting and implementing this
Ordinance, it is not the intention of the City to offer to sell water
to persons located outside the corporate limits other than the Town of Ransom Canyon and Lubbock County Water Control and Improvement
District No. 1.
(c) That the authority to extend City's water distribution sys-
tem outside the corporate limits and to offer to sell water to the
Town of Ransom Canyon and Lubbock County Water Control and Improvement
District No. 1 shall be subject to the conditions and limitations, as
follows:
1. In order to accept the City's offer to sell water, the
Town of Ransom Canyon and Lubbock County Water Control and
Improvements District No. 1 each shall request service and
each shall enter into a written contract approved and
accepted and signed by the Mayor on behalf of the City.
2. As a part of the written contract for water service, the
Town of Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1 shall agree to limit the volume
of water delivered, pursuant to such contract, to each
entity respectively, during any 24 consecutive hours; and
any 365 consecutive days. The volume limitation for each
, value shall be agreed to between the City and the Town of
Ransom Canyon and the Lubbock County Water Control and
Improvement District No. 1, but in no event shall such
volume exceed that which is necessary to allow complete
service within the corporate limits of the Town of Ransom
Canyon as such limits exist as of January 1, 1988, or the
service area of the Lubbock County Water Control and
Improvement District No. 1 actively being served by such
··district in the corporate limits of the Village of Buffalo
Springs as such limits existed on January 1, 1988.
3. As part of the application, the Town of Ransom Canyon and
Lubbock County Water Control and Improvement District No.
1 shall each agree to provide retail service only and to
limit service to consumers located within their respective
service area (as hereinabove described) as that area existed on January 1, 1988.
4. As part of the application and agreement, the Town of
Ransom Canyon and Lubbock County Water Control and Im-
provement District No. 1 shall each agree to pay for water
delivered by City at the rate established from time to
time by the City Council. City, acting through the City
Council, reserves the right to adjust the rate from time
to time based upon the methodology recommended by the
City's consultants.
5. As part of the resolution approving the agreements between
City and the Town of Ransom Canyon and between City and
Lubbock County Water Control and Improvement District No.
1, the City Council shall expressly find that there is ad-
equate untreated water supply and water treatment capacity
and treated water storage, pumping, and distribution ca-
pacity within the City's water system to satisfy the de-
mands of the Town of Ransom Canyon and Lubbock County
Water Control and Improvement District No. 1 to the extent
described in their respective agreements, together with
all other service commitments of the City that are exist-
ing or anticipated at the time the wholesale customer ap-
plies for service.
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6. The water department of the City of Lubbock is hereby au-
thorized to adopt policies and procedures, not inconsis-
tent with the terms or this Ordinance, as may be necessary
to implement the provisions for the intent of the City
Council herein expressed.
(d) That the City Council approves and accepts the methodology
of determining the City's cost of providing services to Town of Ransom
Canyon and Lubbock County Water Control and Improvement District No. 1
as described in the report prepared by Freese & Nichols, the City's
consulting engineers, dated June, 1988; and based upon the methodology
set forth in said report the City Council adopts the initial rates for
providing services to the Town of Ransom Canyon and Lubbock County
Water Control and Improvement District No. 1 as follows:
81.17% of the high volume rate for customers inside the
City limits of the City of Lubbock. The high volume rate
shall be that rate charged customers consuming more than
250,000 gallons of water per month. In addition, there
shall be added to such rate the proportionate costs of
installing capital improvements necessary to furnish such
water which shall be repaid over a period of 30 years on
either an annual or monthly basis at 6 1/2% simple interest.
(e) The authority granted to the water department to offer the
sale of water to the Town of Ransom Canyon and Lubbock County Water
Control and Improvement District No. 1 and any offer made by the water
department pursuant to this authority, shall cease at midnight,
February 15, 1989, unless the offer is accepted. Any offer shall be
accepted by delivery to City of a contract acceptable to the City,
signed by the authorized representatives of the prospective customer.
Acceptance of the offer by one of the two prospective customers shall
not extend the authority or the offer to sell water to the other
prospective customer.
SECTION 2. THAT if any provision, section, subsection, sentence,
clause, or phrase of this Ordinance, or the application of same to any per-
son or set of circumstances, is for any reason held to be unconstitutional,
void, or invalid, the validity of the remaining portions of this Ordinance
shall not be affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion thereof, or provisions or regula-
tions contained herein, shall become inoperative or fail by reason of any
unconstitutionality of any other portion hereof, and all provisions of this
Ordinance are declared to be severable for that purpose.
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AND IT IS SO ORDERED.
Passed by City Council on first reading this 15th day of December
1988.
Passed by City Council on second reading this 12th day of January utssr •.
'8:C: McMINR~YOR
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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STATE OF TEXAS
COUNTY OF LUBBOCK
§
§
§
Resolution #29A9
December 15, 1988
Item #32
KNOW ALL MEN BY THESE PRESENTS:
This Contract is made by and between the City of Lubbock (herein
called "CITY"), a municipal corporation located in Lubbock
county, acting by and through its undersigned duly authorized
mayor as authorized by specific action of its City Council: and
the Town of Ransom Canyon (herein called "WHOLESALE CUSTOMER"), a
municipal corporation in Lubbock County, acting by and through
its undersigned duly authorized president, as authorized by
specific action of its Board of Directors.
1. RECITALS
1-1. This Contract is made to provide access to CITY'S existing
water system and to define the terms and conditions under
which the CITY will construct and maintain water system
capacity adequate to provide a specific volume of water for
WHOLESALE CUSTOMER'S water system to make water available
for property located within the corporate limits of the Town
of Ransom Canyon, Texas as of January 1, 1988.
1-2. This Contract is entered into in compliance with the
settlement and compromise agreement between CITY and
WHOLESALE CUSTOMER of even date herewith.
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For and in consideration of the mutual agreement, covenants,
obligations, and benefits of this Contract, the CITY and
WHOLESALE CUSTOMER contract and agree as follows:
2 • DEFINITIONS
All words and phrases used in this Contract shall be
construed in accordance with their definitions as are
contained in the 11Policies11 .• referred to in Paragraph 4. of
this Contract. Words and phrases used herein which are not
defined in said "Policies" shall be construed and
interpreted in accordance with accepted construction and
usage in the operation of municipally-owned water utilities
at the time this Contract is signed.
3. WHOLESALE CUSTOMER APPLIES [OR WATER SERVICE
WHOLESALE CUSTOMER makes application to CITY that it furnish
water service by providing access to its existing water
system and by constructing and maintaining water system
capacity adequate to provide water service to WHOLESALE
CUSTOMER'S water system for the property described in this
Contract.
4. TERMS, PROVISIONS AND CONSIDERATIONS
CITY will furnish such service and will perform as required
by the terms of this Contract in consideration of the
commitments made by WHOLESALE CUSTOMER to CITY. and to each
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other under.the terms of this Contract, provided however,
the obligation of CITY to provide service is conditioned
upon compliance by WHOLESALE CUSTOMER with the CITY'S
"Policies for water service11 and amendments thereto as
expressed by Chapter 28 of the Lubbock City Code. Said
Policies being on file with the City Secretary.
And the Parties agree to additional terms and conditions as
follows:
5. CITY'S "POLICIES" PART OF CONTRACT
CITY'S "Policies" and amendments thereto on file at the
office of the CITY'S city secretary are made a part hereof.
6. CITY SHALL FURNISH CERTAIN WATER SYSTEM FACILITIES AND
WHOLESALE CUSTOMER SHALL COMPLY WITH CERTAIN CONDITIONS OF
SERVICE: MUTUAL CONDITIONS; TERM
6-1. CITY Shall Furnish Facilities
The CITY shall furnish its existing water system facilities
and additional water system facilities as are necessary to
provide water service to WHOLESALE CUSTOMER'S water system
for the property herein described under such conditions as
are provided as follows:
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6-1.1. Quality and Treatment r.,.. ..... -~ .. -·· ,..,...,_ ........... ..,. ~ • -··-·• .... . . . ~ . . .. .
Potable water of similar quality supplied to citizens and
residents of the city of Lubbock, Texas, treated by
disinfectants and such other treatment as may in the future
be directed by the City Council of the City of Lubbock and
meetinq the applicable quality standards of the Texas state
Department of Health and other local, State and Federal
-qovernmental aqencies at the point of delivery hereinafter
provided durinq the term of. this Contract or of any renewal
or extension thereof. CITY may furnish such supply out of
surface water, qround water, or both, at its discretion.
6-1.2. Quantity
Quantities of water as may be required by WHOLESALE CUSTOMER
not to exceed any of the followinq limitations:
820,000 qallons (2.516 acre-feet) durinq any 24-hour
period of time; or
299,300,000 qallons (918.493 acre-feet) durinq any
365-day year period of time, and 300,120,000 qallons
(921.009 acre-feet) durinq any 366-day year period of
time,
as measured at the point of delivery. The point of delivery
will be at a measurinq device located within 100-feet of a
connection to an existinq 6-inch pipeline between WHOLESALE
CUSTOMER'S water well no. 7 and WHOLESALE CUSTOMER'S qround
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storage tank. The location of the measurinq device,
connection, water well no. 7, and ground storage tank are
shown on the vicinity map attached hereto as Exhibit "A" and
made a part hereof for all purposes. The measuring device
shall be located in an area reasonably accessible by CITY at
all times. CITY shall install a meterinq station at the
point of delivery and at its option may include in such
metering station the following devices: (1) control the rate
of flow; (2) measure the instantaneous flow of gallons per
day: (3) measure peak hourly flow durinq the day of maximum
flow in gallons per day; (4) measure the cumulative volume
of water taken; and (5) control chanqes in the rate of flow,
said devices being operable by CITY at the master metering
station and remotely from within CITY. The volumes
specified in this paraqraph shall be subject to and limited
by the CITY'S power to conserve and ration water as provided
by Sections 6-2.6 and 6-3.1 of this contract and shall be
contingent upon completion of facilities necessary or
convenient to deliver the water from the CITY'S existinq
facilities to the point of delivery. WHOLESALE CUSTOMER
shall pay CITY the annual minimum charge as described in
paragraph 6-2.2 of this Contract whether or not WHOLESALE
CUSTOMER actually takes delivery of water under this
Contract. Title to the water delivered by CITY to WHOLESALE
CUSTOMER shall change at the measurinq device as provided by
paragraph 6-3.5 of this contract.
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6-1.3. Point of Delivery and Pressure
Water will be delivered at a reasonable flow rate adequate
to meet maximum daily demand at an adequate pressure at
meter located at the point of delivery. Point of delivery
as used in this Contract shall mean the point at which the
water supplied under this Contract passes through the meter
described in Section 6-1.2 of this Contract and exits said
meter into the facilities owned or operated by WHOLESALE
CUSTOMER as shown in Exhibit "A", attached hereto and made a
part hereof.
6-1.4. Metering Equipment
Installation and maintenance, at its own expense at the
point of delivery, of the necessary metering equipment and
required devices of standard type for properly measuring the
quantity of water delivered to the WHOLESALE CUSTOMER and
calibration of such metering equipment within a reasonable
time after request by the WHOLESALE CUSTOMER, but not less
frequently than once every twelve (12) months, or more
frequently than once every three (3) months. A meter
registering not more than three percent (3%) above or below
the test result shall be deemed to be accurate. The
previous readings of any meter disclosed by test to be
inaccurate shall be corrected in accordance with the
percentage of inaccuracy found by such tests for a period
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extending back one-half (1/2) of the time elapsed since the
last calibration date but, in no event, further back than a
period of six (6) months. If the meter is out of service or
out of repair so that the amount of water delivered cannot
be ascertained or computed from the reading thereof, the
water delivered during the period such meter is out of
service or out of repair shall be estimated upon the basis
of the best data available. , The metering equipment register
shall be read by the CITY at least once a month.
6-1.5. Billing Procedure
A monthly statement of the amount of water determined to be
consumed by wholesale customer through the meter described
in Section 6-1.2 of this Contract during the preceding month
shall be mailed to WHOLESALE CUSTOMER. All statements for
water so consumed shall be due and payable fifteen (15) days
after the issuance of said statement. A late payment charge
of five percent (5%) shall be charged to WHOLESALE CUSTOMER
if said customer fails to pay its bill on or before the
thirty (30) days from date of issuance. In the event
WHOLESALE CUSTOMER fails to pay its statement in full on or
before the expiration of thirty (30) days from the date of
issuance of said statement than in such event interest shall
be added to said statement at the maximum lawful rate of
interest on prejudgment debts in the State of Texas from
such date aforementioned until said statement is paid in
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full. If payment is not received by the CITY within thirty
(30) days after the due date, the statement shall be deemed
delinquent. The CITY shall notify the WHOLESALE CUSTOMER in
writinq when any such payment shall become delinquent, and
if such delinquency is not removed within thirty (30) days
after the sendinq of such written notice, the CITY may, at
its discretion, cease supplyinq water to the WHOLESALE
CUSTOMER under the terms of this Contract or exercise its
lien upon WHOLESALE CUSTOMER'S revenues as provided by this
Contract (see paraqraph 8). After water has ceased to be
supplied, the CITY may, at its discretion, notify the
WHOLESALE CUSTOMER of its intention to declare this Contract
forfeited and null and void. Upon such notice, the
WHOLESALE CUSTOMER shall have thirty (30) days to pay all
delinquent charqes, reconnect charqes, and penalties in
order to reinstate water supplies prior to final action by
the CITY declarinq this Contract forfeited and null and·
void.
6-2. Conditions of Service
WHOLESALE CUSTOMER shall comply with continuinq conditions
of receivinq service as follows:
6-2.1. Wbolesale customer's Facilities
WHOLESALE CUSTOMER aqrees and understands that it will
install and maintain at its sole expense all facilities
necessary for WHOLESALE CUSTOMER to operate its water system
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from the point of delivery as described in this Contract and
that the City of Lubbock shall be under no obligation
whatsoever to bear any of said expenses aforementioned. The
design and construction of the facilities between the meter
and the air gap shall be subject to review and approval by
CITY. After installation of the meter and airgap
facilities, WHOLESALE CUSTOMER shall not alter, modify, or
improve the meter and airgap facilities without the prior
approval of the proposed changes by CITY. The design and
construction of the facilities, and any repairs,
modifications, or improvements to the facilities shall
comply with all federal, state, and local regulatory
requirements.
6-2.2. Rates and Payment Date
Pay to the CITY no later than the due date specified in the
statement for water delivered pursuant to the terms of this
Contract those charges for wholesale water as set forth
within said statement. The charges for wholesale water
shall be in accordance with the rates, for WHOLESALE
CUSTOMERS outside the city limits, established by Ordinance
of the City Council of the City of Lubbock, for the class of
customer hereinabove mentioned, which ordinance will be
filed for public record with the City Secretary of the City
of Lubbock and reference to which is hereby made as if fully
set forth herein. The Ordinance establishing rates for the
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service hereinabove mentioned may be, from time to time,
modified or amended and in the event of such modification or
amendment the reference to the Ordinance above set forth
shall be construed so as to apply to the last modification
or amendment. By execution of this Contract, WHOLESALE
CUSTOMER stipulates that the methodology relied on by the
City Council of the City of Lubbock in establishing the
rates as set forth in Exhibit B is reasonable and fair. In
the event the Ordinance establishing the rates for water
delivered pursuant to this Contract is modified or amended
and such modification or amendment results in a new or
revised rate applicable to sales under this contract then in
such event, CITY shall furnish WHOLESALE CUSTOMER with a
revised rate not less than sixty (60) days prior to the
effective date thereof, together with the costs and tables
used in calculating the rate, as per example outlined in
Exhibit "B,11 attached hereto. The rates charged do not
imply or include service by the CITY beyond the CITY'S point
of delivery; it being the intent of this Contract that all
expenses on WHOLESALE CUSTOMER'S side of the point of
delivery as defined in this contract shall be the sole
eXpense of WHOLESALE CUSTOMER.
WHOLESALE CUSTOMER shall pay CITY an annual minimum charge
of $8,277.79 payable in twelve equal monthly installments
for thirty (30) years for the proportionate costs of
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installing capital improvements necessary to furnish water
to wholesale customers. In addition, WHOLESALE CUSTOMER
shall pay to CITY on a monthly basis the rate for water
delivered to WHOLESALE CUSTOMER as expressed in Exhibit B
attached hereto and made a part hereof together with any
future rate charges adopted by the City Council of the City
of Lubbock. The first annual minimum charge monthly payment
will become due at the time.of the first monthly biliing.
If a court, the Texas Water Commission or its successors, or
any federal or state regulatory authority finds that CITY
rates or policies for delivering water to WHOLESALE CUSTOMER
under this Contract are unenforceable, CITY has the option
to terminate this Contract without liability to WHOLESALE
CUSTOMER. By signing this Contract, WHOLESALE CUSTOMER
stipulates and agrees that CITY and its other customers will
be prejudiced if WHOLESALE CUSTOMER avoids the obligation to
pay the rates for water specified in this Contract while
accepting the benefits of obtaining water from CITY.
Nothing in this Contract shall be construed as constituting
an undertaking by CITY to furnish water to WHOLESALE
CUSTOMER except pursuant to the terms of this Contract. If
WHOLESALE CUSTOMER initiates in any proceeding regarding
CITY 1S rates and policies under this Contract and advocates
a position that is adverse to CITY and CITY prevails,
WHOLESALE CUSTOMER shall pay CITY for CITY'S expenses in the
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proceedinq within fifteen (15) days after CITY'S demand for
payment. WHOLESALE CUSTOMER stipulates and aqrees that the
rates and policies specified in this Contract are just and
reasonable.
6-2.3. Advance Deposit
Make an advance deposit in the amount of $5,000.00 cash or
by letter of credit in like amount approved by CITY which
sum is considered to be reasonably adequate to secure
WHOLESALE CUSTOMER'S future monthly water charges during the
first twelve (12) months after this Contract is signed on
behalf of CITY. The initial deposit shall be paid prior to
the CITY furnishing water to WHOLESALE CUSTOMER. On or
before the end of the twelfth (12) month after this Contract
is signed on behalf of CITY and annually thereafter, upon
request by CITY, WHOLESALE CUSTOMER shall deposit (within
ten [10] days of such request) any additional money with
CITY required to make the WHOLESALE CUSTOMER'S deposit equal
to the product of multiplying the WHOLESALE CUSTOMER'S
monthly bill, as averaged over the prior twelve (12) month
period, by a factor of three (3). This deposit or letter of
credit shall be collected and held by the CITY for the term
of this Contract and will not accrue interest in favor of
the WHOLESALE CUSTOMER during the time in which it is
retained by the CITY. In the event that WHOLESALE CUSTOMER
has paid its account in accordance with the terms of this
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Contract for a period of five (5) years from its execution,
then in such event the cash deposit or letter of credit
shall be returned to WHOLESALE CUSTOMER and no further
deposit shall be required.
6-2.4. Service To and Definition of Retail customers
Limit service to retail customers within the defined service
area of the WHOLESALE CUSTOMER as shown on Exhibit "A",
attached hereto. The defined service area as shown is the
corporate limits of the Town of Ransom Canyon as described
in the application for incorporation approved by the county
judge of Lubbock County, Texas. A retail customer is
defined as a single or multiple family dwelling, or a single
commercial customer. The limitations upon service to retail
customers within the defined service areas shall apply to
water delivered by CITY to WHOLESALE CUSTOMER and water
received by WHOLESALE CUSTOMER from any other source,
specifically including, but not limited to, WHOLESALE
CUSTOMER'S wells. For purposes of this Contract, a
commercial customer is a customer of WHOLESALE CUSTOMER
which uses the water for purposes other than household use.
Notwithstanding anything contained herein to the contrary a
retail customer shall not include a political subdivision,
corporation, partnership, or individual engaged in the water
supply business. The WHOLESALE CUSTOMER shall prohibit the
resale or transfer of water delivered by the CITY under this
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Contract by any of WHOLESALE CUSTOMER'S retail customer or
members to any other party, unless the written consent of
the CITY is obtained in advance.
6-2.5. sanitary Control
Maintain at all times an air gap, or other device or method
acceptable to CITY for maintaining sanitary control, between
the WHOLESALE CUSTOMER'S existing pipeline that transports
the water received from CITY and the WHOLESALE CUSTOMER'S
existing ground storage tank located as shown on the
vicinity map attached hereto as Exhibit "A." The length of
the air gap shall be not less than twice the diameter of the
pipe at the point of delivery. WHOLESALE.CUSTOMER shall
provide and maintain any and all devices and methods to
maintain sanitary control and prevent back-flow from
WHOLESALE CUSTOMER'S system to CITY'S system as required or
suggested by federal, state, or local regulatory authorities
or by CITY. WHOLESALE CUSTOMER shall not allow service by
direct pressure from the CITY'S supply. WHOLESALE CUSTOMER
shall permit personnel of CITY to enter upon the property of
WHOLESALE CUSTOMER for the purpose of inspecting any and all
facilities to determine whether WHOLESALE CUSTOMER is
maintaining the required air gap or sanitary control
measures. Should CITY have reasonable grounds to believe
that any condition exists which might result in
contamination of CITY'S water supply, or jeopardize CITY'S
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certification with the State Health Department or other
federal, state or local regulatory authorities, then CITY
shall notify the WHOLESALE CUSTOMER and WHOLESALE CUSTOMER
shall immediately correct such condition. In the event
WHOLESALE CUSTOMER fails to correct such condition the CITY
may, at its sole discretion either correct the condition, at
WHOLESALE CUSTOMER'S cost, and include the cost of materials
and labor in subsequent billing statements from CITY to
·WHoLESALE CUSTOMER or cease delivering water under this
Contract until such condition is corrected to the
satisfaction of the CITY. In the event the CITY determines
that contamination of CITY'S water supply by WHOLESALE
CUSTOMER exists, CITY shall have the absolute right to
discontinue service to WHOLESALE CUSTOMER until such time as
said contamination has been eliminated by WHOLESALE
CUSTOMER. Nothing herein shall be construed to impose upon
the CITY the duty and obligation to make any inspection or
to regulate the quality of water beyond CITY'S metering
point to WHOLESALE CUSTOMER, and the WHOLESALE CUSTOMER
shall be solely responsible for the operation, maintenance,
regulation and employment of all facilities beyond the
metering point, and the regulation of the use of all water
received by it at the metering point.
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6-2.6. Water Conservation
comply with CITY'S water conservation and rationing plans
and ordinances and require its retail customers to comply
with CITY'S water conservation and rationing plans to the
extent necessary to conserve and ration the water delivered
by CITY to WHOLESALE CUSTOMER under this Contract.
WHOLESALE CUSTOMER shall cooperate with and assist CITY in
developing, implementing, and maintaining water conservation
plans, programs, and rules incorporating loss-reduction
measures and management practices, techniques, and
technologies designed to insure water made available under
this Contract is used in an economically-sensitive manner
and designed to reduce the consumption of such water, reduce
the loss or waste of such water, improve the efficiency in
the use of such water, and increase the recycling and reuse
of such water. WHOLESALE CUSTOMER shall furnish CITY a copy
of such conservation plan from time to time, as requested by
the CITY within ten (10) days of said request. WHOLESALE
CUSTOMER agrees that if water supplies or services are
curtailed within CITY, CITY may impose a like curtailment on
deliveries of water to WHOLESALE CUSTOMER under this
Agreement and WHOLESALE CUSTOMER will cooperate by imposing
conservation measures upon its sales of water made available
under this Contract. CITY'S obligations under this contract
shall be subject to water conservation plans and drought
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contingency plans adopted by CITY or required or approved by
the Texas water Commission, the Texas Water Development
Board, or any other or additional federal, state, or local
regulatory authority with power to require or approve water
conservation and drought contingency plans.
6-2.7. pyblic Property
CITY will assume the affirmative duty to acquire easements,
at its cost, for use by the CITY between CITY'S water system
as it exists on the date this Contract is signed and the
location of the measuring device at the point of delivery as
shown described in this Contract and shown on Exhibit "A."
WHOLESALE CUSTOMER shall acquire, at its expense, all
easements, approvals, facilities required between the
measuring device and WHOLESALE CUSTOMER'S system.
6-2.8. Right of Entry
Authorize CITY, its agents, employees and contractors, entry
upon the WHOLESALE CUSTOMER'S property where WHOLESALE
CUSTOMER'S wells are located for the purpose of obtaining
water samples and performing tests to determine actual or
potential production. The entry, sampling, and testing
shall be performed at reasonable times, with advance notice
to WHOLESALE CUSTOMER. WHOLESALE CUSTOMER may have a
representative present during any entry upon the property.
CITY'S entry upon the property and its sampling and testing
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shall be performed in compliance with WHOLESALE CUSTOMER'S
rules and regulations adopted to protect persons on the
property and the sanitary condition of WHOLESALE CUSTOMER'S
water supply.
6-3. Mutual Conditions
6-3.1. Failure to Deliver
CITY does not warrant that the services provided for in this
contract will be free from interruption or stoppage caused
by maintenance, repair, substitution, renewal, replacement
or improvement of any of the equipment involved in the
furnishing of any such services or caused by the changes of
services, alterations, strikes, lockouts, labor
controversies, accidents, or acts of God, the elements, or
any other cause beyond the reasonable control of CITY. In
case by reason of Force Majeure either party hereto shall be
rendered unable, wholly or in part, to carry out its
obligations under this Contract, other than the obligation
of the WHOLESALE CUSTOMER to make the payments required
under the terms hereof, to comply with applicable federal,
state, and local regulatory authorities. having or asserting
jurisdiction over the operation of WHOLESALE CUSTOMER'S
water supply, and to meet sanitary control requirements as
hereinabove set forth, then if such party shall give notice
and full particulars of each Force Majeure in writing to the
18
other party within a reasonable time after occurrence of the
event or cause relied on, the obligation of the party filing
such notice, so far as it is affected by such Force Majeure,
shall be suspended during the continuance of the inability
then claimed, but for no longer period, and such party shall
endeavor to remove or overcome such inability with all
reasonable dispatch. The terms "Force Majeure" as employed
herein shall mean, but without limitation, acts of God,
strikes, lockouts, or other industrial disturbances, acts of
public enemy, war, orders of any kind of the Government of
the United states or the state of Texas or any civil or
military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraint of
government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals,
partial or entire failure of water supply and inability. on
the part of the CITY to deliver water hereunder, or of the
WHOLESALE CUSTOMER to receive water hereunder, on account of
any other causes not reasonably within the control of the
party claiming such inability. The settlement of strikes
and lockouts shall be entirely within the discretion of the
party having the difficulty, and the above requirement that
any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and
lockouts as according to the demands of the opposing party
19
or parties when such course is unfavorable in the judqment
of the party having the difficulty. In the event of a
shortaqe of water, or the supply of water available to CITY
is otherwise diminished, the supply of water to the
WHOLESALE CUSTOMER under this Contract shall be reduced or
diminished in the same ratio or proportion as the supply to
other customers comparable to WHOLESALE CUSTOMER is reduced
or diminished.
6-3.2. Regulatorv Agencies
This Contract is subject to such rules and regulations as
may now exist and as may be adopted by the City of Lubbock,
to comply with the Texas State Department of Health and
other local, state and Federal governmental agencies, and
CITY and WHOLESALE CUSTOMER will collaborate in obtaining
such permits and certificates as may be required to comply
therewith. This Contract is subject to all applicable
federal, state, and local laws and any applicable
ordinances, rules, orders, and regulations of any local,
state or federal governmental authority having or assertinq
jurisdiction including, but not limited to, the rate-fixing
power of the Texas Water Commission. However, nothing
contained in this Contract shall be construed as a waiver by
any party to the Contract of any right to question or
contest any law, order, rule or regulation which may affect
the terms and conditions of this Contract in any forum
20
. . . ' ..
havinq jurisdiction, and WHOLESALE CUSTOMER and CITY each
aqree to make a qood faith effort to support proposed laws
and regulations which would be consistent with the
performance of this Contract in accordance with its terms.
6-3.3. Miscellaneous Conditions
All the situations, promises, undertakinqs and Contracts
herein contained by or on behalf of either CITY or WHOLESALE
CUSTOMER shall bind the successors and assigns of either
party, whether so expressed or not: but neither CITY nor the
WHOLESALE CUSTOMER shall have the right to assign this
contract, or any part thereof except as hereinafter provided
without the written consent of the other party. WHOLESALE
CUSTOMER consents to an assiqnment of this Contract by CITY
to a water conservation and reclamation district created
under authority of TEX.CONST. art. XVI, §59. Either party
may waive any default on the part of the opposite party
affecting any other provision of the Contract, but a waiver
of any one default shall not be deemed a waiver of any other
or subsequent default or defaults. No delay by either party
in enforcing any of its rights under this Contract shall be
deemed a waiver of such rights. CITY and CITY'S agents have
made no representation or promises with respect to the water
supply or services except as herein expressly set forth, and
no rights, easements, entitlements, or licenses are acquired
21
I •
by WHOLESALE CUSTOMER by implication or otherwise except as
expressly set forth-in this Contract.
6-3.4. Notice of Violation
In the event that either the CITY or the WHOLESALE CUSTOMER
should violate any of the terms of Paragraph 6, hereof, the
other party shall promptly notify the other respective party
of the violation. Unless this Contract provides otherwise,
in the event said violation is not cured within thirty (30)
days after the sending of such notice, the party sending the
notice may at its discretion notify the other party of its
intention to declare this Contract forfeited and null and
void. Except as otherwise provided by this Contract, upon
receiving such notice the delinquent party shall have thirty
(30) days to cure said violation prior to final action by
the other party declaring this Contract forfeiting and null
and void. Any notice required under the terms of this
Contract shall be in writing and shall be delivered by
certified mail, addressed to the CITY or the WHOLESALE
CUSTOMER. If the default cannot be cured within the thirty
(30) day period, the length of the period shall be extended
for a reasonable period of time, if the delinquent party
commences curing the violation within the thirty day period
and continues the curing of the violation with due diligence
and continuity.
22
.
t •
6-3.5. Title
Title to all water supplied hereunder shall be in the CITY
up to the point of delivery, at which point title shall pass
to the WHOLESALE CUSTOMER. Each of the parties hereto
hereby agrees to save and hold each other party hereto
harmless from all claims, demands, and causes of action
which may be asserted by anyone on account of the
transportation and delivery of said water while title
remains in such party.
6-4. Term of Contract
The term of this Contract shall be a period of thirty (30)
years from its effective date. WHOLESALE CUSTOMER is given
an option and contract for a like period provided that at
least twenty-four (24) months prior to the expiration of the
initial term of this Contract, CITY and WHOLESALE CUSTOMER,
in good faith begin to negotiate another contract pertaining
to purchase of water from CITY by WHOLESALE CUSTOMER
containing mutually agreeable terms, and conditions. If
another contract is not consummated, CITY shall not
terminate service until WHOLESALE CUSTOMER has had a
reasonable time (such time not to exceed two (2] years), in
which to procure· alternate service and this contract shall
remain in force until WHOLESALE CUSTOMER procures
23
.
• • • I •
alternative service or the expiration of two (2) years,which
ever event occurs first.
7. CUMULATIVE REMEDIES
Recognizing that failure in the performance of WHOLESALE
CUSTOMER'S or CITY'S obligations under this Contract could
not be adequately compensated in money damages alone,
WHOLESALE CUSTOMER or CITY agree in the event of any default
on their part that CITY or WHOLESALE CUSTOMER shall have
available to them the equitable remedy of mandamus and
specific performance in addition to any other legal or
equitable remedies (other than termination, except as
provided by this Contract) which may also be available to
CITY.
8. PLEDGE OF REVENUES
WHOLESALE CUSTOMER hereby pledges the gross revenues from
WHOLESALE CUSTOMER'S water system to the CITY to pay the
charges due CITY under this Contract, and in the event of
default, the CITY may exercise its rights to such funds by
any available procedure, provided the source of the funds
for WHOLESALE CUSTOMER'S payment to CITY under this Contract
shall not be limited to that source of revenue. Unless
otherwise specifically provided in writing by subsequent
agreement between CITY and WHOLESALE CUSTOMER, CITY shall
never have the right to demand payment by WHOLESALE CUSTOMER
24
. . . " .
of any obligation assumed or imposed on it under and by
virtue of this Contract from funds raised or to be raised by
taxation of property. WHOLESALE CUSTOMER represents and
covenants that the services to be obtained pursuant to this
Contract are essential and necessary to the operation of
WHOLESALE CUSTOMER and its own water facilities, and that
all payments to be made hereunder by it will constitute
reasonable and necessary "operating expenses" of the
WHOLESALE CUSTOMER'S water system, within the meaning of
Article 1113, Vernon's Texas Civil Statutes and any
amendments thereto, if appropriate, and the provisions of
all ordinances authorizing the issuance of all future bonds
of the WHOLESALE CUSTOMER which are payable from revenues of
the WHOLESALE CUSTOMER'S water system shall recognize and
recite this provision. WHOLESALE CUSTOMER agrees to
establish and collect such rates and charges for its
services to be supplied by its system as will make possible
the prompt payment of all expenses of operating and
maintaining its system including the payments contracted
hereunder, and the prompt payment of the principal of and
interest on its obligations, if any, payable from the
revenues of its water systems. WHOLESALE CUSTOMER agrees
that, in addition to all other remedies provided herein or
at law or in equity, CITY shall be entitled to a writ of
mandamus issued by a court of competent jurisdiction
compelling and requiring WHOLESALE CUSTOMER to take all
25
I '
actions covenanted herein and to make prompt payment of the
payments contracted to be made herein and to observe and
perform the covenants, obligations and conditions imposed in
this Contract.
9. WAIVER
No failure on the part of the CITY at any time to require
the performance by WHOLESALE CUSTOMER of any portion of this
Contract shall in any way affect the CITY~S right to enforce
such provision or any other provision. Nor shall any waiver
by the CITY of any provision hereof be taken or held to be a
waiver of any other provision hereof or any other breach ·
hereof. No rights under this Contract may be waived and no
modification or amendment to this contract may be made
except by written amendment executed by the parties. No
officer or agent of WHOLESALE CUSTOMER or CITY is authorized
to waive or modify any provision of the Contract. No
modifications to or rescission of this Contract may be made
except by a written document signed by CITY'S and WHOLESALE
CUSTOMER'S authorized representatives.
10. HEADINGS
All headings in this Contract have been inserted for
convenient reference only and shall not in any manner be
construed as modifying, amending, or affecting in any way
the express terms and provision hereof.
26
. ' .
11. OTHER CHARGES
In the event any sales or use taxes, or taxes or user fee of
any similar nature are imposed on gathering, impounding,
taking, sale, use, or consumption of the water received by
WHOLESALE CUSTOMER from CITY, the amount of the tax or user
fee allocable to WHOLESALE CUSTOMER shall be borne by
WHOLESALE CUSTOMER. Whenever CITY shall be required to pay,
-· collect, or remit any tax or user fee on water received by
WHOLESALE CUSTOMER, then the tax or user fee will be added
to the charges otherwise payable to CITY under this Contract
and WHOLESALE CUSTOMER shall promptly pay or reimburse CITY
for the tax or user fee in the manner directed by CITY.
12. NOTICES
All notices, payments and communications ("notice") required
or allowed by this contract shall be in writing and be given
by depositing the notice in the United states mail postpaid
and registered or certified, with return receipt requested,
and addressed to the party to be notified. Notice deposited
in the mail in the previously described manner shall be
conclusively deemed to be effective from and after the
expiration of three (3) days after the notice is deposited
in the mail. Notice given in any other manner shall be
effective only if and when received by an officer or the
designated representative of the party to be notified. For
27
. ' ..
purposes of notice, the addresses of the designated
representatives for receipt of notice for each of the
parties shall be shown on the signature pages of this
Contract. Either party may change its address by giving
written notice of the change to the other party at least
fifteen (15) days before the change becomes effective.
13. PLACES OF PERFORMANCE
All amounts due under this Contract, including, but not
limited to, payments due under this Contract or damages for
the breach of this Contract, shall be paid in Lubbock '
County, Texas, said Lubbock County, Texas, being the place
of performance agreed to by the parties to this Contract.
In the event that any legal proceeding is brought to enforce
this contract or any provisions hereof, the same shall be
brought in Lubbock County, Texas.
14. APPLICABLE LAW
This Contract shall be construed under the laws of the state
of Texas and all obligations of the parties hereunder are
performable in Lubbock County, Texas.
15. EFFECTIVE DATE
This Contract shall be effective and binding between the
parties hereto on the passage and effective date of City of
Lubbock Ordinance No. 9249 •
28
" " . . .
WHOLESALE CUSTOMER hereby binds itself, its successors, assigns
and representatives for the faithful and full performance of the
terms and provisions of this Contract.
EXECUTED as of the
ATTEST:
~~!Lar
MAILING ADDRESS for notice:
Town of Ransom Canyon
24 Buffalo Drive
Ransom Canyon, Texas 79366
day of --.A.....:'F4:;::;;__~....;.__-!5,__;../ffS-'--+, __ , 19 a B •
TOWN OF RANSOM CANYON
WHOLESALE CUSTOMER
BY:~
29
ACCEPTED AND EXECUTED as of the J6d, day of 4«,,/',ev , 1988.
THE CITY OF LUBBOCK
IJ. ~ -BY: . L .. IJL ~ ~ B~. McMINN, MAYOR
ATTEST:
~FcVd~
APPROVED AS TO FORM:
Ross, Jr., C1ty Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
30
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EXHIBIT B
81.17% of the high volume rate for customers inside the City
limits of the City of Lubbock. The high volume rate shall be
that rate charged customers consuming more than 250,000 gallons
of water per month. In addition, there shall be added to such
rate the proportionate costs of installing capital improvements
necessary to furnish such water which shall be repaid over a
period of 30 years on either an annual or monthly basis at 6 1/2%
simple interest. ·
•
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I
I
'
. Resoitution #2987
AGREEMENT REGARDING LUBBOCK
WASTEWATER DISPOSAL PERMIT
This Aqreement ("Release and Aqreement") is made and entered
into by and between the City of Lubbock (herein called
"Lubbock"), a municipal corporation located in Lubbock Co1;nty,
actinq by and throuqh its undersiqned duly authorized mayor, as
authorized by specific action o£ its City Council and the Town o£
Ransom canyon (herein called 11Ransom"), a Texas municipal
corporation located in Lubbock County, actinq by and through its
undersiqned duly authorized officer, as authorized by specific
action of its City Council.
RECITAIS
1. Lubbock filed an application with the Texas Water ·
Commission ("Commission") requestinq an amendment to Permit No.
10353-02 for authorization to modify its sewaqe treatment and
disposal facilities;
2. Ransom protested the application, alleqinq that
.Lubbock's wastewater disposal practices impaired Rans~•s water
supply; and
3. Bonafide disputes and controversies exist between the
parties, both as to liability and the amount thereof, if any, and
by reason of such disputes and controversies the parties hereto
desire to compromise and settle all claims and causes of action
(if any) of any kind whatsoever which Ransom has or may have in
the future arisinq out of the application, hereinabove referred
to, and the alleqed impairment of Ransom's water supply as a
result of Lubbock's wastewater disposal operations and intend
that the full terms and conditions of the aqreement be set forth
in this document.
AGREEMENT
For and in consideration of the mutual promises, covenants, .. -·
obliqations, and benefits described in this Aqreement and as
further inducement for the City of Lubbock executinq a water
supply contract with Ransom, Lubbock and Ransom aqree as follows:
Section 1. Withdrawal of Protest. Upon execution of this
Release and Aqreement, Ransom will file a motion with the
commission requesting the dismissal of Ransom's protest of
Lubbock's application. If Ransom does not file the motion within
ten (10) days after the effective date of this Aqreement, Ransom .
will be in default of this Agreement and Lubbock may terminate
this Agreement. Ransom, its assigns, successors, aqents,
servants and employees, and all persons, natural or corporate, in
privity with it or any of them, hereby contract and aqree that it
2
shall not interfere in any way with the application to amend
Permit No. 10353-02 issued by the Texas Water Commission or any
amendments to or renewals thereof. Lubbock may amend or allow
the amendment of the pendinq application, or subsequently file a
new application and Ransom shall not protest, or cause to be
protested, such application.
Section 2. Ppblic Property. Lubbock and the Town ot Ransom
canyon have aqreed upon a contract fixinq terms of water service
by Lubbock to Ransom includinq terms for the calculation of rates
to be charqed for such service (the "Water Supply Contract").
Ransom authorizes, to the extent capable under existinq l~w,
Lubbock's use of streets, alleys, and qeneral utility or other
easements of Ransom for construction, operation and maintenance
of Lubbock's water system to point of delivery of water to
wholesale customer. In the event Ransom does not currently have
an easement over, under, on or upon a public street, alley or
other riqht-of-way, whether public or private, it will assume the
affirmative duty to acquire such easement, at its cost, for use
by the City. If Lubbock's water system is placed in, on, above,
or across any street, alley, or easement, Lubbock aqrees to use
reasonable efforts not to unreasonably interfere with the lawful
use of the street, alley, or easement, but Lubbock shall have the
riqht to temporarily interfere with such usaqe when necessary or
convenient for the installation, inspection, repair or
replacement of the facilities. Lubbock shall restore lands,
3
pavement or improvements resulting from exercise of the rights
provided in this section, including the cost of relocation of any
facilities located within any such easement, but Ransom shall pay
the cost of relocating any of property belonging to Ransom or
other persons, if this cost is not borne by Ransom.
Section 3. No Interference. Ransom, its assigns,
successors, agents, __ se~anta and employees, and all persons,
natural or corporate, in privity with it or any of them, hereby
contract and agree that they shall not interfere in any way with
the wastewater disposal projects authorized under Permit No.
10353-02 issued by the Texas Water Commission or any amen¢ments
to or renewals thereof. Ransom, its assigns, successors, agents,
servants and employees, and all persons, natural or corporate, in
privity with it or any of them, hereby contract and aqree that
they shall not interfere in any way with Lubbock's efforts to
obtain authorization to discharge treated effluent into the
waters of the State of Texas, provided the quality of the
effluent meets or exceeds the limitations described in Effluent
Set 2-N in Texas Water Commission Rule §309.4 as of the date this
Agreement is signed. Lubbock may terminate the Water supply
Aqreement without risk of liability to Ransom if Ransom, its
assiqns, successors, agents, servants and employees, and all
persons, natural or corporate, in privity with it or any of them,
protest Lubbock's application to amend the permit or to discharge
treated domestic effluent.
4
-..
Section 4. Release. Ransom, its successors, assigns, and
all persons, natural or corporate, in privity with it has this
day released and by these presents do release, acquit, and
forever discharge Lubbock, its successors, assigns, agents,
servants, and employees, and all persons, natural or corporate,
in privity with it, from any and all claims or causes of action
of any kind whatsoever, at common law, in equity, staeutory or
otherwise which Ransom has, or might have, known or unknown, now
existing or that might arise hereafter, directly or indirectly,
attributable to occurrences or transactions involving Ransom's
water supply.
Section 5. Effective Date. This Release and Agreement
shall take effect and be binding on each party as of the date
which execution of this Release and Aqreement is made by all
parties hereto. ..
Section 6. Governing Law. This Release and Agreement shall
be enforced and construed in accordance with the laws of the
State of Texas.
Section 7. Agreement Prepared Jointly by Both Parties'
Attorneys. This Release and Aqreement has been prepared by the
joint efforts of the respective attorneys for each of the
parties.
5
-. .
' .
Section a. Acknowledgment of Entire Release and Agreement.
Each party acknowledqes that it has carefully read this
instrument, includinq all documents or instruments that it refers
to1 that this instrument expresses the entire Release and
Aqreement between the parties concerninq the subjects that it
purports to cover1 that each party has executed the Release and
Aqreement freely and of his or her own accord; and that it is
expressly understood that the terms hereof are contractual and
not merely recitals.
section 9. Partial Invalidity. If any provision, word,
phrase, clause, sentence or paraqraph of this Release and
Aqreement or the application thereof to any person or
circumstance is or shall ever be held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder
of the Release and Aqreement and the application of such
provision, word, phrase, ,clause, sentence or paraqraph or other
part of this Release and Aqreement to other persons or
circumstances shall nevertheless survive and continue in full
force and effect without beinq impaired or invalidated in any
way.
Section 10. No Admission of Liability. It is expressly
understood and aqreed that the terms hereof are contractual and
not merely recitals and that the agreements herein contained and
the consideration transferred is to compromise doubtful and
disputed claims, avoid litiqation, buy peace, and that no
6
. . . .
.. ,,
payments made nor released or other consideration qiven shall be
construed as an admission of liability, all liability beinq
expressly denied.
SECTION 11. Acknowledgement of Release and Agreement.
Ransom acknowledqes and warrants that it has carefully read this
instrument, includinq all documents that it refers to; that this
instrument expresses the entire Release and Aqreement; that
Ransom fully understands this instrument to be a compromise,
settlement and release of all claims, known or unknown, present
or future, that it has or may have aqainst Lubbock, arisinq out
of the alleqed contamination of Ransom's water supply. ~nsom .
acknowledqes and warrants that it has the authority and is
leqally competent to execute this Release and Aqreement, and that
it does so of its own free will and accord without reliance on
any representation of any kind or character not expressly set
forth herein.
Section 12. Multiple Originals. This Release and Aqreement
shall be executed in two (2) counterparts, both of which shall,
for all purposes, be deemed to be an oriqinal, and all such
counterparts shall toqether constitute.and be one and the same
instrument.
7
. , ..
EXECUTED as of the !3
ATTEST:
~;)h-14=
MAILING ADDRESS for notice:
Town of Ransom canyon
24 Buffalo Drive
Ransom canyon, Texas 79366
..
day of
TOWN OF RANSOM CANYON
BYI.~
Mayor
8
-. ,•
. r • •
ACCEPTED AND EXECUTED as of the hfM,/Jlay of ~ >. 1988.
-~APPROVED AS TO FORM:
Ross,
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
THE CITY OF LUBBOCK
r8'. (" .. BY:~ t!...~r~ B. c. Mc11NN, MAYOR
9
-.
...
'
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK I
BEFORE ME, the undersigned, a Notary PUblic in and for said
county and state, on this day personally appeared --~----~----L~ IE:/n:::#<fd+S , known to me, who executed the foregoing
lrnstrument and acknowledged to me that the same was the act of
the Town of Ransom Canyon, a Texas municipal corporation, and
that he executed the same as the act of such municipal
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated; that he executed the same as
a free and voluntary act and deed~after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a full and final release and discharge of
the City of Lubbock for any matter or thing dealt with in the
foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of
any kind by any person whomsoever; and that the said persop at
the time of the execution of the release was ·completely sober, -·
sane, and capable of understanding the character of his acts and
deeds and was in complete charge of all of his faculties and
capable of executing this instrument and of understanding the
significance of his acts.
~ under my hand and seal of office, this /~~ day of
~~ , 1988.
-~.:-:-...::. ·::-
• ~· ~i ' • ,_ !"' ~~ · ... ;~ .~ .. ~·. ~' r~~·~ _· .. -:: ~
·~ ·. ,_.. :. ...... .. -..
~66~ NOtrY PUbi1Ciiaild£or
the State of Texas
Typed Name
My commission Expires:
d 1'-,;<6--yc:J
10
I THE STATE OF TEXAS R•29
COUNTY OF LUBBOCK
Before me France• Hernandez a Notary Public in and for Lubbock County. Texas on this day
personally appeared T.J. Auf111 r Account MtniiU!Ir of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Le.etal Notice
-------:--~--;---:':"--.::--::-::-No. 827119 at Lubbock County, Texas and the attached print-
ed copy of tbe Lel!al Not1ca is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: Januarr 4• 21t 1989
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
23rd Jenuarr Subscribed and sworn to before me this day of -------
~'¢--~~',_
AN OROINA .. CE AMSIIIO:. ... , . ..,""~· ' .
2 ..... alll!ttllf flit wt'llle -· ' lrllelt -wett• ..... ice. fhe fowft of Ransom CanYOn
and. Lubi:!Qdt · Countv. Wa~er··
FRANCES HERNANDEZ
N0tary Public, State of Texas
My Commission Exp.res 7·6·91
" • ! ' Co'risultlnl$. « -" •
J. Ale ... ., of the I'I!SOrutlon ..: · """'lnD !he llfl,..,.,.,.,ts ~~e-· .....,_,.City .,.,!tie Town of
. Ransom CenyM lnd 111•
, tween Cltv lnd Lubbock County Water ·control and
Jmr>rovement District No. 1, · lhe City Council Shill!· ex·
IlliG CMAl'Tl!llft OF .THE C:DOE OF OlfOtNANCES OF THE CITY
O'ft I.VliBOCit BY ADDING A· NEW SECTION THERETO TO 8E ' k.NOWtf:AS SECTION U·Sf
WHICH .SECTION .PROVIDES
FOR WHOLESALE WATER Slilt·
VICE TO SPECIFIC AREAS OUT· '----1 SIDE OF THE CITY'S COR PO. 1-----------------· ~RATE LIMITS: PROVIDING
CONDITIONS FOR 'SUCH SER·
VICE; ADOPTING.RATES FOR
SUCH SERVICE: ... NO PROVID-
ING FOR fEV!i'RABILITY.
· Co11tro1 and lnu>rovement
DistriCt No. 1 .nan "'" to limit llle'vclum.· ot water
C!eiiYtl'!ld, PUrsuam to iu<:h
.contrecl..to eacl\ entity:,. 1------1 s~>ectlvely, «rurll'lfl any' 14 ,
· llresi;ly find that there k
adequate unlrealed water •-----~
IUPI>lv •l'ld water. treatment
·8E iT ORDAINED 8Y THE C:ITY
C:OVNCIL OF THE CITY OF 1.11&-BQ(k.: i ·~· ·.,. .
1 , SECTION t, THAT ft.e ecdo of .
Onfl-oftlleClty of l-\lbbock 'BE and 1Sllereb:t~tivadd!1ne thereto • 11ew lectlon 21-.st
··'Wflklunall read,., follow1: . • .
jt cat Tl!e (Ill' ~1i realflrms •l . lis 11rlor I>OI(cy edol>led .,
,if March t; 'ltl4 tO l>t'OIIibll ij' the saleotwater to tncflvfd. 1,' III!IIS, busl/lleSMS, j~go~K;Ies
lri ,, or Of'llllnlzatiOns IIIII! ltv ou!Jlde. 1he «::O''ionrtllftl·: . • . .. • Its ot 1t1e Cltv of l..llbl:lack.
(bl That Ill «der to ICOml>l'll-
ltliU arid settle 11r0tesn •nd threatelled lltfeatioA ,reoardlng 1lltt dliPOMI ill .
·treated tnUI\Icil>al ~~~~ . b't Cltv,. 1M Cit~ CoundJ · •I.Oihorl-tile CIIY's w.ler deNrtment to mend IIIII CitY'S water l!lllrlbirtion facilities OUISlcfiJ tile rate limits· an, to of&
sell water lo .ltle Tdlifn of
Ransom CIII!Yon for l'tiSIIIti
· wllhin·ll•_,.llle flmlta
IS llf JllnWtv t, 19Q ani! to
LubbociL C::ovnty Water
· q,tltrol '"" h'lll>rOvtment Otstrlct.f!tt. r.fOr nlsaJe: within the Cllt'PCirlte llmin
ol tile Village of Buffalo
.SJoriftOses !hoSe ltmit.O·u·.
•·llted •• of Ja.nu.tr'/ ···~ ~'t!":,1t.WJ:&Jt.1f .-n be' IUI>ItcHo ll!lt r:ot~· cflllon11 lind Hmn.itlons . -iflllll: Ia Jlle ·~i-
ot Orlll.ftillll:t. !he ·~ I ""City te ~
consecutive flours; and •nv
365 con.ucutlve days, The ~volutntllmllatlon for each
·v•lue -.l!a.ll be 1111r~ lo be·
tween the City and the T-n
of ltansom Canvon tnd the
Lubbock COUIIIY W•ter Con· .lroi Mel lml>t'~ement J>is-h'lct .No. ·1,, IMJII 1'10 event
Shill suclt orolume ·exceed IIIli! whlcll I$ lleclt»~ry .to lllow COmPlete service will!-ln the i:o.rlioretelim!IS of the
Town of Ransom Canvo~ as
· I\ICII limits exist a• of. Ja1111·· lrl' .1< lfQ, ar the af!rYlce
area ot Jhe Lubbock (:ountv " ·Water C::onll'l)l lnd ltnPrOYII·
rnent District 1114. 1 actively
bei!lll MrYed bv IMJCh lllistrlct • \In 1t1e corporlfe llmltJ of""'
Vltlaee of lluffalo ...,.lnos as · ~.'\';': ~llled ~ Jlltl\1-
. 3, As Plll1 ot the IPI'ilcatlon,
' '"" TOWI'I ot llarfSOm C::tnvon · lnd Lubbock. County Vfaler · Coftlt'OI and Improvement
District No. I shall each 'Ioree to -Ide ftt~U Mr• vk;il o.nly lind to limit ser.
t II ICe. tD. COIISU!'flers located
wltllill tllelr re•l>eCtive Mr•
t
· vice area (as hereinabove
clescrllled) as that •rea ,,..
lsted on January 1, 1988. .
4. At lart l!f tile 81Jpllcatlon and llflreement. the TOWII of
RIIIISOm Canyon and .LUb· l:loi:k County Water Control elld Improvement District No; I thai! Hch agree to ....,.,
I', lor water delivered by City
•· at the .rate establls!lecl 1totn ! time to tllna· by tlwl City CoUncil. City, acfln11Uuvw1t l , : the (ltv Council. ntMrvn I · the rkilhl. to adiwi !he rate i frOM tl!'fle to 1~ ba .. o. uPOn lfle !'flelhodology rec.
•mmeft('1}1Y. tlltl c:•v:•.
taPaclly ·and treated ~~tater · llorll,~~e. PUmiDlno. and c!ls-tribulfon ca~>acitv .wlll!ln the City's water avstem lo llltls-tv the ·~nda of tile Town . ot lllansom Canvon and Lull-bOd< County Water Conh'lll al'ld Improvement District No. I to 1M extent descrllle<l . .In fllelr respective Uree.
ll'ltlnls, tovelher:wlll!.au Oil!· er·Mrvlce commitments of .
1
•
the City IIIII are exlsllng or
olttlll'l...,recr ,.ill q. timo tile
.-llolesale ,customer. IIPI>Iifl , , . . fllr service, · · · . ,
. '· The water dePartment of the City Of LUbbock Is lltre!)y
llllfhorl41<1 to Idol>! i!Oiicles al'ld PI'CICedUry$,. not lncon· llstenf with tile le<'ms or tills
Ordinance, as mav be neces-
SIIry to imPlement the·l>f'OVI· lions tor. tile Intent at 11111 City Council lleret11 •ex· PrtJSe<j, . · . " · · · .
· Ill) That the (ltv Qouncll 1.,.
11roves and accepts llle ' methodology of determln-11!0 the .cun _, at ~~r..:
. ¥kline services to Town :or , lllanscm Canvon lnd t:ub. ·bock CountvWater Control
ll'ld lllll>f'OVement District No.-J., as described In lhe
rePOrt l>ntPared by F-.
& NiCIIOIS.. the Cllv'l COft.! lultino enl!lneero. 4ilt!IHI J!Jnf>, 1981t and based......,.,
""' ll'lllllhodology set ·lorth In Uld .rePort the City Council adopts tlltt lnlliel rates tor Providing ser· ~~~ to the Toll!!n of Ran-~. ::.:.-~~· '""'. ~